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KELLY v. GREAT ATLANTIC AND PACIFIC TEA COMPANY

No. 15852.

284 F.2d 610 (1960)

Mildred C. KELLY et al., Appellants, v. GREAT ATLANTIC AND PACIFIC TEA COMPANY, a corporation, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 8, 1960.

Attorney(s) appearing for the Case

Mr. Charles H. Quimby, Washington, D. C., for appellants.

Mr. Jeremiah C. Collins, Washington, D. C., with whom Mr. Frank F. Roberson, Washington, D. C., was on the brief, for appellee.

Before Mr. Justice REED, retired, WILBUR K. MILLER, Chief Judge, and BURGER, Circuit Judge.

PER CURIAM.

While Mrs. Mildred C. Kelly was shopping in one of the appellee's stores, she stepped into a slippery substance on the floor thought to have been the contents of a jar of baby food. In the complaint filed by her and her husband it was alleged that the appellee "knew, or in the exercise of ordinary case should have known" of the slippery condition of the floor "in sufficient time to have remedied the said slippery, dangerous and unsafe condition before...

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